Law:

Section:

(a) Municipal Administration Ordinance (X of 1960)---- -- S. 111 read with West Pakistan Municipal Committee (Property) Rules, 1962, r. 8-Words "public interest"-Implication-Sale to a Committee entrusted with management of Trust properties under a scheme contemplating expenditure of its income for purposes of charitable, religious, or educational nature-More beneficial and more in public interest than sale to private parties interested merely In making personal gain-Rehabilitation of displaced persons though not necessarily against public Interest yet Municipal Corporation, owner of land, deriving greater profit by sale of land to other party on better terms, sale to displaced persons against, public interest from Municipal Corporation's point of view Displaced persons wishing to acquire lard on payment of several lace of rupees for their individual gain or profit --Matter goes beyond rehabilitation and not within any public purpose--Acquisition of property to enrich any class or section of public-Not a public purpose. What is against public interest has not been defined in the Municipal Administration Ordinance, 1960 and has, therefore, to be decided on general principles. This does not mean that the object must be one which would advance a public purpose but all that is required is that it should not he pre­ judicial to or harmful to the public interest The question was to be considered in this light. It is quite possible to agree that the sale to a committee entrust­ed with the management of Trust properties under a scheme which contem­plates the expenditure of its income for pi7rpmeq of a charitable, religious or educational nature would be more beneficial and more in the public interest than the sale to private parties who would be interested, merely In making personal profit or gain out of the transaction. There is of course, nothing on the record to show that the appellants were going to spend the Income derived from the shops or structures to be constructed by them for the purposes of the mosque or the clinic therein already set up or for any other religious or charitable purpose, The contention that the rehabilitation of displaced persons would not…

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